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S M Sulaiman (Exports Manager)     08 May 2012

Hindu married women converts to islam

Sir,

My name is S. Mohd. Sulaiman married in 2001 with a muslim women and having two kids.
Since last two years I have an affair with a non-muslim married woman.
Now, we both are interested to marry each other by duly converting the non-muslim women into islam for which she is also interested and accepted. On the other hand she is very much interested in islam and accept islam immediately.
1.  Can I immediately marry the non-muslim woman after converting her to islam?  
2.  After conversion her to islam will she need to take a divorce from her non-muslim husband? and if the non-muslim husband doesnot give divorce then what?

Plz help in this regard.
 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 May 2012

If non muslim husband didn't give the divorce, then she will have to file a divorce petition.

zimmerzapper (student)     08 May 2012

you could also face adultery case from the non-muslim woman's husband and dv act, 498a and adultery case from your wife.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 May 2012

 

Dear Mr.Sulaiman, 

 

I opine :-


No you cannot she is lawfully married and her marriage does not automatically dissolve on conversion, she won't even get divorce on the ground of her own conversion as law does not allow one to take advantage of her own wrong. Some other ground would have to be hunted up in facts of the case. 

 

(Sarla Mudgal v. UOI 1995 /Lily Thomas v. UOI - 2000)

 

Feel free to talk !


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